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2025 DAILYLAW 199353 (ALL)

KAMIL HUSAIN AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NA528/1892/2025 · 2025-11-21

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1892 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicants as well as learned Additional Government Advocate and perused the record. 2. This application has been filed with the following main relief: "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Complaint Case no 5961/2024, Shahjad @ Raja vs. Kamil Husain and others, arising out of Complaint Case no 5961/2024, under sections— 85, 115(2), 352, 351(3) BNS and 4 D. P. Act (Against the Kamil Husain), and 115(2), 352, 351(3) BNS (against the Sabban and Gunta)relating to Police Station- Kotwali Nagar, District- Sultanpur, pending in the court of Learned Additional Civil Judge (Pravar Khand) First / Additional Chief Judicial Magistrate, Sultanpur as well as impugned Complaint Case no 5961/2024 dated 10/09/2024 (contained as Annexure no 2. to this petition) as well as impugned summoning order Dated 20.08.2025 (contained as Annexure no 1 to this petition), in the interest of law and justice." 3. Learned counsel for the applicants submits that he does not want to press this application on merits. However, he submits that he would like to file an application for discharge under the provisions of Cr.P.C., to which learned counsel for the State, does not have any objection. 4. Accordingly, the applicants are granted liberty to file an application for Versus Counsel for Applicant(s) : Ravindra Shukla Counsel for Opposite Party(s) : G.A. Kamil Husain And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) discharge in conformity with the provisions of Cr.P.C., within a period of two weeks from today. After the said application is filed, learned trial court is directed to dispose of the same within a period of four weeks thereafter. Till expiry of six weeks or till disposal of the discharge application, further proceedings in the aforesaid case shall remain stayed. 5. With the aforesaid observations/directions, this application stands disposed of. November 21, 2025 Sachin NA528 No. 1892 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench